Read the full stored bill text
hb973_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 973
2025-2026
Representatives Pizzulli, Hall, T.
Cosponsors: Representatives Johnson,
Lorenz, Williams, Salvo, Deeter, Ritter, Robb Blasdel, Brennan,
Rader, Miller, J., Baker
To
amend sections 307.203, 5589.20, 5589.22, 5589.23, 5589.24, and
5589.99; to amend, for the purpose of adopting new section numbers as
indicated in parentheses, sections 5589.20 (5589.40), 5589.22
(5589.42), 5589.23 (5589.43), and 5589.24 (5589.44); to enact section
5589.41; and to repeal sections 5589.21 and 5589.211 of the Revised
Code
to
create designated access routes across railroads for emergency
vehicles.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 307.203, 5589.20, 5589.22, 5589.23, 5589.24, and 5589.99 be
amended; sections 5589.20 (5589.40), 5589.22 (5589.42), 5589.23
(5589.43), and 5589.24 (5589.44) be amended for the purpose of
adopting new section numbers as indicated in parentheses; and section
5589.41 of the Revised Code be enacted to read as follows:
Sec.
307.203.
A
board of county commissioners may appropriate moneys from the general
fund for any purposes for which moneys in the railroad grade crossing
improvement fund of the county created pursuant to section
5589.24
5589.44
of
the Revised Code may be used. After appropriation, such moneys may be
transferred to that fund.
Sec.
5589.20
5589.40
.
The
general assembly finds that the improper obstruction of railroad
grade crossings by trains is a direct threat to the health, safety,
and welfare of the citizens of this state
and
to the safety of railroad workers
inasmuch
as improper obstructions create uniquely different local safety
problems
or
security hazards
by
preventing the timely movement of ambulances, the vehicles of law
enforcement officers and firefighters, and official and unofficial
vehicles transporting health care officials and professionals. It is
the intent of the general assembly in amending
and enacting
sections
5589.21,
5589.24,
5589.40
to 5589.44
and 5589.99 of the Revised Code that the health, safety, and welfare
of the citizens of this state
and
the safety of railroad workers
be
enhanced
through
those amendments
without
unreasonably burdening interstate commerce
.
Sec.
5589.41.
(A)
As used in sections 5589.41 to 5589.44 of the Revised Code:
(1)
"Designated access route" means any public street, road, or
highway that is designated by the legislative authority of a
political subdivision to ensure safe and timely movement of emergency
service vehicles that are responding to an emergency.
(2)
"Political subdivision" means a county, township, or
municipal corporation.
(B)
Every political subdivision, in consultation with the department of
transportation and local emergency service providers, may establish
designated access routes within the applicable boundaries of the
political subdivision. A designated access route shall be located not
less than seven thousand five hundred feet from another designated
access route.
(C)
Except as provided in division (D) of this section, no railroad
company shall recklessly allow a stationary railroad car, locomotive,
or any other equipment under the control of that railroad company to
obstruct a designated access route.
(D)
Division (C) of this section does not apply to the obstruction of a
designated access route caused by any of the following:
(1)
Circumstances beyond the control of the railroad company, including a
mechanical failure or an emergency affecting railroad operations;
(2)
Railroad cars, locomotives, or other equipment that are continuously
moving;
(3)
Railroad cars, locomotives, or other equipment that are engaged in
normal switching operations for periods of not more than five
minutes;
(4)
Other applicable federal laws or regulations.
(E)
A railroad company shall ensure that any stationary railroad car,
locomotive, equipment, or other obstruction is moved so as to not
obstruct the designated access route for at least three minutes after
each five-minute period of obstruction to allow persons and vehicles
to cross the railroad tracks and continue along the applicable public
street, road, or highway.
(F)
Upon the filing of an affidavit or complaint for a violation of this
section, a summons shall be issued to the railroad company pursuant
to division (B) of section 2935.10 of the Revised Code and be served
on the regular ticket or freight agent of the company in the county
where the offense occurred.
(G)
If a railroad car, locomotive, or other equipment is obstructing a
designated access route in violation of division (C) of this section
and the violation crosses over into multiple political subdivisions,
the officers or employees of the political subdivisions may only
charge the railroad company with one violation of this section if it
arises from the same facts, circumstances, and act on the part of the
railroad company.
Sec.
5589.22
5589.42
.
A
corporation
or person
railroad
company
shall
be liable for all damages
arising
to
a
any
person
that arise
from an obstruction
or
injury to a road or highway as provided by section 5589.21
of
a designated access route under section 5589.41
of
the Revised Code, which damage shall be recovered by an action
at
the suit of the board of township trustees of the township in which
the offense is committed, or of any person suing therefor
before
a
judge
of a county
court
of common pleas
or
judge
of
a
municipal court having jurisdiction where the offense is committed,
or by indictment in the court of common pleas in the proper county.
Each twenty-four hours the person or corporation, after being
notified, permits such obstruction to remain, shall be an additional
offense against such section.
Sec.
5589.23
5589.43
.
(A)
A
railroad company or other corporation, the servant, agent, or
employee of which, in any manner, obstructs a
public
road or highway
designated
access route
,
shall pay all penalties which may be assessed against such servant,
agent, or employee for obstructing it. The penalties may be enforced
by execution issued against such corporation on the judgment rendered
against the servant, agent, or employee.
(B)
A railroad company or other related defendant may respond to a
criminal action for a violation of section 5589.41 of the Revised
Code or a civil action for damages pursuant to section 5589.42 of the
Revised Code by proving, with clear and convincing evidence, that the
obstruction at issue was required either by operation of a federal
law or regulation or by one of the other reasons specified in
division (D) of section 5589.41 of the Revised Code.
Sec.
5589.24
5589.44
.
(A)
All fines collected for a violation of
division
(A) of
section
5589.21
or 5589.211
5589.41
of
the Revised Code shall be paid as follows:
(1)
To the railroad grade crossing improvement fund of the county if the
violation occurred in an unincorporated area of the county;
(2)
To the railroad grade crossing improvement fund of the municipal
corporation in which the violation occurred if the violation occurred
in a municipal corporation.
(B)
The board of county commissioners of each county and the legislative
authority of each municipal corporation shall establish a railroad
grade crossing improvement fund. The fund shall consist of fines paid
to the county or municipal corporation under division (A) of this
section and any other moneys allocated to the fund by the county or
municipal corporation. Except as otherwise provided in this division,
a county or municipal corporation shall use its railroad grade
crossing improvement fund to pay any part of the cost assigned by the
public utilities commission to the county or municipal corporation
under section 4907.471 of the Revised Code. The county or municipal
corporation also may use its railroad grade crossing improvement fund
for other improvements to railroad grade crossings, including signs,
signals, gates, or other protective devices, as the board of county
commissioners or legislative authority of a municipal corporation
determines to be appropriate.
If,
during any fiscal year, the fines a county collects for violations of
division
(A) of section 5589.21 and
section
5589.211
5589.41
of
the Revised Code equal three thousand dollars or less, during the
subsequent fiscal year the county may use that amount of money in its
railroad grade crossing improvement fund for any purpose that the
board of county commissioners determines to be appropriate.
If,
during any fiscal year, the fines a county collects for violations of
division
(A) of section 5589.21 and
section
5589.211
5589.41
of
the Revised Code exceed three thousand dollars, during the subsequent
two fiscal years the county shall use all the money in its railroad
grade crossing improvement fund only for those purposes described in
this division. In such a case, the amount of money the county
collects for violations of
division
(A) of section 5589.21 and
section
5589.211
5589.41
of
the Revised Code during the fiscal year immediately following the
second of those two fiscal years shall determine the disposition
under this division of the money the county collects during that
fiscal year.
Sec.
5589.99.
(A)
Whoever violates section 5589.01 of the Revised Code is guilty of a
misdemeanor of the third degree.
(B)
Whoever violates section 5589.02, 5589.03, 5589.05, 5589.06, 5589.08,
5589.081, 5589.09, 5589.11, 5589.12, 5589.32, or 5589.33 of the
Revised Code is guilty of a minor misdemeanor.
(C)
Whoever violates section 5589.07 or 5589.10 of the Revised Code is
guilty of a misdemeanor of the fourth degree.
(D)
Whoever violates
division
(A) of
section
5589.21
5589.41
of
the Revised Code is guilty of a misdemeanor of the first degree and
shall be fined one thousand dollars
.
Each day of violation constitutes a separate offense
.
(E)
Whoever violates section 5589.211 of the Revised Code is guilty of a
misdemeanor of the first degree and shall be fined five thousand
dollars.
Section
2.
That
existing sections 307.203, 5589.20, 5589.22, 5589.23, 5589.24, and
5589.99 of the Revised Code are hereby repealed.
Section
3.
That
sections 5589.21 and 5589.211 of the Revised Code are hereby
repealed.